Can a person be appointed to manage his or her future estate?

Verified 21 December 2023 - Legal and Administrative Information Directorate (Prime Minister)

Yes, in your lifetime, you can appoint someone to manage your future estate. You can name a executor of the will to enforce your wishes. You can also, under certain conditions, entrust a agent with posthumous effect the mission to manage your property on behalf of your heirs.

Executor of the will

It is up to you to define the tasks of the executor. They may be more or less extensive.

The executor may simply be responsible for ensuring the proper execution of your will.

He may also have to take precautionary measures (have the estate inventoried, sell furniture to settle urgent debts, etc.).

He or she may also be responsible for carrying out your last wishes (receiving and placing capital, paying debts, sharing between heirs and legatees, sell real estate, etc.).

You can freely choose one or more executors (an heir, a friend, a professional such as a notary, etc.).

You can designate it in your will or in a separate document (a written document that you date and sign).

The executor's mission ends at the latest 2 years after the opening of the will.

However, the executor may ask the judge to extend his or her assignment for a maximum period of 1 year.

The executor of the will must to report on its activities to heirs within 6 months of the end of the mission.

The mission of the executor is free.

However, you can give him or her leave an asset from your estate in return for its activity.

The heirs of the estate must reimburse him for the costs incurred in the exercise of his mission (e.g. inventory costs).

Agent with posthumous effect

The posthumous agent is responsible for administering all or part of your estate in the interest of one or more of your heirs.

If your heirs have not accepted your estate, he can only perform protective or supervisory acts (pay debts, pay taxes for example).

Once your heirs have accepted your estate, the agent's powers are more extensive (for example, letting a building, having maintenance work done).

Each year, the trustee reports to your heirs on his management.

You can designate a representative posthumous only if the interest of one of your heirs or your heritage is at stake.

This interest must be serious and legitimate.

Example :

If one of your heirs is a vulnerable person (minor, guardianship major), you can appoint a posthumous proxy.

This is also the case when managing your wealth requires specific skills (especially to manage a company).

You can choose the person you want (friend, heir, notary, lawyer, etc.) except the notary responsible for settling your estate.

The warrant must be written by a notary.

The appointed agent must accept this assignment during your lifetime.


if you have also appointed an executor, his or her decisions take precedence over those of your posthumous agent.

The mandate lasts 2 years maximum.

It may last 5 years when age, absence of legal capacity heirs or the need to manage professional assets justify it.

However, the trustee or an heir may ask the judicial judge to extend the mandate.

Who shall I contact

The mandate of the Trustee shall be free. However, you can include his remuneration in the mandate.

Who can help me?

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